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UPLOAD-NET’S MILE STONE

 

AN ONLINE BASED COMPANY THAT SPECIALIZES WITH ADVERTISING, MARKETING, PUBLISHING AND SALES.

 

OUR VISION IS TO CREATE A WORLD CLASS COMPANY THAT PROVIDES EXCELLENT SERVICES AND MEETS THE NEEDS OF OUR CLIENTS. QUALITY SERVICES AND PRODUCTS ARE OUR KEY TO SUCCESS.

 

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Terms of Use

 

 

 

1. RECORDAL

Upload-Net hereby sells the service to the User on the terms and conditions herein contained which terms and conditions the User is deemed to have familiarized himself/herself with and to have irrevocably accepted.

 

2. INTERPRETATION

2.1 In these terms and conditions: "the User" means the party who has purchased the service and/or any person using the service;

2.2 "the service" means the Internet  service described herein provided by Upload-Net to the User in terms of the terms and conditions herein contained;

2.3 "Upload-Net " means Upload-Net  (web-designing company)

 

3. PROVISION OF SERVICE

3.1 The User shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunication equipment, modems and the like, which is or may be necessary for the User to obtain and retain access to the required service(s).

3.2 The User shall be liable for all telephone call charges and other third party costs incidental thereto.

 

4. AVAILABILITY OF SERVICE

4.1 Upload-Net  shall make every effort to make the service available at all times and shall use its utmost endeavours to strive for 100 % (one hundred percent) uptime. Upload-Net  is, however, unable to guarantee 100 % (one hundred percent) uptime.

4.2 Upload-Net  shall strive at all times to provide Users with prior notice, where possible, of scheduled maintenance so as to avoid Users having to log-off for any period of time.

4.3 IUpload-Net  shall not be responsible for the performance of external communications networks to which the service is connected, and which networks include the networks of Internet Service Providers other than itself.

4.4 The User accordingly indemnifies Upload-Net  against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of Upload-Net  being unable to make its service available to the User under the circumstances described in this clause.

4.5 Upload-Net  will provide the service strictly subject to the terms and conditions prescribed by the competent regulatory authority.

4.6 Any faulty hardware, (namely modems, servers and routers) must be returned to IUpload-Net  (Pty) Ltd and we will endeavor to repair. Should Upload-Net  need to collect or deliver, collection and delivery costs, including courier cost will be invoiced to the client.  If unable to repair, IUpload-Net  (Pty) Ltd will forward the equipment to the supplier for an evaluation and quote to repair. Unless the equipment is under warrantee, repair quotes will be invoiced to the client.

 

5. USER ETIQUETTE

5.2 The User shall not use the service in a manner which:

5.2.1 constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere;

5.2.2 constitutes and act or omission that is generally unacceptable or offensive to Internet users in general, to the public at large or as same may be determined from time to time by Upload-Net in its sole discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited mailing;

5.2.3 is defamatory, fraudulent or deceptive;

5.2.4 is intended to threaten, harass or intimidate;

5.2.5 tends to damage the name or reputation of Upload-Net, its holding company, affiliates or subsidiaries; or

5.2.6 interferes with the use and enjoyment of Internet related services of Users of Upload-Net.

5.3 The User undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the Internet as specified or implied by Upload-Net or any of the local or foreign service providers or laws governing the provisions of the service and Internet.

 

6. PAYMENT FOR SERVICE

The User pays to Upload-Net  such charges as levied by Upload-Net  from time to time as follows:

6.1 Monthly Subscriptions The charge for a subscription to the Service on a monthly basis is a monthly fee, payable monthly in advance by the User to Upload-Net, including a pro-rata charge for the first months billing. Payment is rendered without deduction, free of exchange or set-off by way of debit order, or in such manner as determined by Upload-Net. This amount is non-refundable.

6.2 Bi-annual Subscriptions The charge for a subscription to the Service on a bi-annual basis is payable in full in advance by the User, on invoice, to Upload-Net. This amount is non-refundable. Bi-annual subscriptions will be renewed automatically unless Upload-Net is notified in writing differently.

6.3 Annual Subscriptions The charge for a subscription to the Service on an annual basis is payable in full in advance by the User, on invoice, to Upload-Net. This amount is non-refundable. Annual subscriptions will be renewed automatically where the User has supplied banking details unless Upload-Net is notified differently.

6.4 Usage fees, where applicable, will be billed in arrears.

6.5 Without prejudice to rights granted to Upload-Net in terms hereof, any amount due by the User to Upload-Net not paid on due date thereof:

6.5.1 shall bear interest at a rate equal to the maximum allowable in terms of the Usury Act, 1968, calculated daily in advance from date payment was due until date of actual payment thereof; and

6.5.2 Upload-Net shall be entitled to take all such steps, without notice to the User, as may be necessary to recover such outstanding amount. The User shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.

6.6 Upload-Net reserves the right to levy a charge for handling fees at an amount determined by Upload-Net for monies due in the event of a Users payment being returned or rejected by the Users bankers.

6.7 Upload-Net furthermore reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa, any such User who fails to comply with the payment agreement for subscription to the Service. In addition, Upload-Net will not be held responsible or be required to assist with the removing or rescinding of any such information which may be recorded by a credit bureau agency.

6.8 Upload-Net reserves the right to amend Service subscription charges at its sole discretion. Upload-Net shall give the User 30 (thirty) days notice of any such amendment and the User shall be bound to such adjustments.

6.9 Upload-Net will bill and debt all Top Ups, Set Up Fees and Pay As You Go Billing on the 15th and the first of each month.

 

7. SUSPENSION / DISCONNECTION OF SERVICE

Upload-Net may from time to time and without notice, suspend and / or disconnect a User from the Service in any of the following circumstances:

7.1 During any technical failure, modification or maintenance of the Service, provided that Upload-Net will use its reasonable endeavours to resume the Service as soon as possible;

7.2 Should the User fail to comply with any of the Terms and Conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in Upload-Net's opinion may have negatively affected the operation of the Service.

7.3 If the User fails to make the required payment of such monies due to Upload-Net for subscription to the Service, and or in the event of a User being in arrears on either monthly, bi-annual or annual payments, with no attempt from the User to resolve such arrears.

7.4 Upload-Net reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of Upload-Net, payable by the User on invoice, for any request to be re-connected to the Service, and irrespective of how the Service was suspended or disconnected.

7.5 Notwithstanding any suspension of the Service in terms hereof, the User shall remain liable for all charges due throughout the period of suspension unless Upload-Net in its sole discretion determines otherwise in writing.

7.6 Reactivation of suspended services will only be done once all payments have been received. Turnaround time for reactivation of suspended services is 48 hours.

 

8. TERMINATION OF SERVICE

Under normal circumstances, written notice on or before the 23rd of every month from either party for any reason whatsoever is required to terminate an existing Service. Any cancellation received after the 23rd of a month will result in a final debit for the following month.

 

8.1 CANCELLATION PROCEDURE TO FOLLOW:

Should you wish to cancel any service that you have with Upload-Net this must be done in writing and may be cancelled by fax or e-mail.

To cancel by fax, you  must fax through the cancellation notice to the  fax number 0861 898989, and you must also obtain a proof of sending of this fax from the machine that it was sent from, and this proof of the successful sending of the fax must be retained by you, so that  in the event of a query you have the proof.

If you want to cancel by e-mail, then an email can be sent through to the correct e-mail address which is cancellations@Upload-Net.co.za   An automated response to the sender’s email will confirm receipt of the cancellation.  We advise you to retain  this response in your e-mails ( DO NOT DELETE IT) as proof of the cancellation request in the event there is  a query.  Should you  not receive confirmation of receipt of your e-mail, then you are very welcome to query this with us and resend until you do get one.

You are also welcome to back up your action by sending a fax if you so wish, following the procedure outlined above.

 

9. REGULATORY COMPLIANCE

The User undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The User furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be effected to these terms and conditions and hereby consents to Upload-Net effecting such amendments without prior notice.

 

10. INDEMNITY

The User hereby indemnifies and holds Upload-Net, its employees, agents, dealers and/or distributors harmless against any and all losses, injury, damage, penalties and/or claims of whatsoever nature and howsoever arising from or in connection with the service.

 

11. JURISDICTION

The User hereby irrevocably consents to the jurisdiction of the Magistrates? Court in terms of Section 28 of the Magistrates? Courts Act of 1944, provided that Upload-Net shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.

 

12. CESSION AND DELEGATION

Upload-Net shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its rights and obligations under these terms and conditions.

 

13. GENERAL

 

13.1 The User acknowledges and agrees that these terms and conditions govern the Users use of the service and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto.

13.2 The User shall not, without the express written permission of Upload-Net, resell or make available to any third party such services as they might receive from Upload-Net.

13.3 These terms and conditions may change from time to time. The User may view such terms and conditions at http://www.Upload-Net.co.za/terms and unless otherwise notified, Upload-Net shall deem that the User has acknowledged and agreed thereto within 14 (fourteen) days of such changes being effected.

 

14. AMENDMENT OF THIS AGREEMENT

Upload-Net reserves the right to amend this agreement from time to time without notice to you. Any new version of the agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 days after the date on which it is first displayed. It is your obligation to visit our web site on a regular basis in order to ascertain whether any amendments have been made.